Culpable Homicide Flashcards
what is the definition of CH
applied to cases where the death of a person is caused, or accelerated, by the improper conduct of another and where the guilt doesn’t come up to the crime of murder
what does Drury v HMA state about CH
culpable homicide covers the killing of human beings in all circumstances short of murder, where the criminal law attaches a relevant measure of blame to the person who kills
what is the definition of murder
any wilful act causing the destruction of life, whether wickedly intended to kill, or displaying such wicked recklessness as to imply a disposition depraved enough to be regardless of consequences
mens rea of CH
- the ‘forbidden behaviour’ is not criminal unless performed with the requisite mental state
- Only if the MR for murder is in some way diminished does the lesser charge of culpable homicide become the correct one
The 4 categories of culpable homicide
- Assault type
- Involuntary by an unlawful act
- Involuntary by a lawful act
- Voluntary act
what is assault type
- Death brought by a deliberate unlawful act, e.g, assault
- Death is causally linked to an assault, but may not be the foreseeable outcome of the assault
- MR doesn’t satisfy the ‘wicked intention to kill’ required for murder
is foreseeability relevant in CH assault type
- Foreseeability is irrelevant
- assault type culpable homicide is death caused by any intentional unlawful act. Immaterial whether death was the foreseebale result of that act
case facts of Bird v HMA
Accused assumed the risk of liability for death by committing the assault
case facts of HMA v Hartley 1989
Death occurred but there was an absence of wicked recklessness in accused’s actions
what is the defence of provocation
- Partial defence, may reduce the level of culpability from murder to culpable homicide
- Can’t reduce criminal liability from culpable homicide to assault
what are the requirements for provocation
- Must be either a serious physical attack, or evidence of adultery
- Loss of control exhibited
- Response must be immediate
- Proportionate response by the accused
case facts of McDermott v HMA 1973
- A lost self-control when he discovered his partner had an association with another man
- Provocation was no excuse, but accepted as mitigation
- Charge reduced from murder to culpable homicide on basis of evidence led
- Lack of necessary MR for murder
definition of involuntary culpable homicide by an unlawful act
- A commits a crime and through their criminal actions causes a death, even if it was unintentional
- However, death would have been foreseeable (intention to harm)
actus reus and mens rea of involuntary culpable homicide by an unlawful act
- AR; unlawful act
- MR; recklessness, unlawful act is carried in such a manner that injury is foreseeable
case facts of Mathieson v HMA 1981
- Unlawful act of reckless fire raising resulted in death
- A found liable of CH
case facts of Lord Advocate’s reference (No1 of 1994)
- supply of prescribed drugs
- A was charged with supplying a controlled drug to the V
- Does taken by V was fatal
- Trial judge was wrong to acquit the accused of culpable homicide – he was reckless and knew the dangers
- If A caused ‘real injury’ resulting in death to a 3rd party, then A must be found guilty of culpable homicide by an involuntary unlawful act
definition of Culpable Homicide by a Lawful Act
Death caused by the grossly careless manner of performing an otherwise lawful act
MR of Culpable Homicide by a Lawful Act
simple recklessness
what is simple recklessness
sometimes referred to as gross or criminal negligence
what is the definition of Culpable Homicide by a voluntary act
A has the MR for murder but can succesfully plead provocation or DM
case for Culpable Homicide by a voluntary act and facts
- Drury v HMA 2001
- Evidence relating to provocation is simply one of the factors the jury should take into account determining the accused’s state of mind at the time
when does an orgainsation commit corporate homicide
- The way its activities are managed cause death
- There was a gross breach of DoC owed to that person
